PEARL GAMING AFFILIATION PROGRAM GENERAL TERMS AND CONDITIONS
1. General
Unless otherwise agreed in writing, all offers, negotiations and resulting contractual relationship(s) between any of the affiliated companies of Pearl Gaming Partners and a website referring players (the “Affiliate”), shall be governed by these Pearl Gaming Affiliation Program Terms and Conditions (the “Agreement”). By downloading a Pearl Gaming banner and creating a link from its website(s) to a Pearl Gaming Site, the Affiliate expressly agrees to the Terms and Conditions set out in this Agreement.
2. Definitions and Interprations
In this Agreement:
2.1 “Pearl Gaming Sites” mean to the Pearl Gaming Partners (“Pearl Gaming”) websites and/or their related pages located at: www.pearlgaming.com/products.html
2.2 “Player(s)” means an individual that accesses the Pearl Gaming Sites via a Tracker and deposits an amount of money in his account;
2.3 “Tracker(s)” means the unique tracking URL that Pearl Gaming provides exclusively to each Player in order to track the efforts and calculate the advertising revenue;
2.4 “Abusive Player” means a player who demonstrates any kind of behaviour which is a violation of this Agreement;
2.5 “Banner” means a graphic designed by and licensed to Pearl Gaming which contains a link to a Pearl Gaming Site;
2.6 “Duplicate Player” means a Player who opened more than one account on Pearl Gaming Sites;
2.7 “Deposits” means the funds deposited by the Players on their accounts on the Pearl Gaming Sites;
2.8 “Revenue Program” means the commission structure on which the Affiliate is paid;
2.9 “Revenue Sharing” means the percentage of Casino Net Revenue per Player paid to the Affiliate;
2.10 “CPA Commission” means the amount paid to the Affiliate per new depositing Player depositing a minimum amount of 51 USD;
2.11 “Spam” means unsolicited e-mails and messages sent directly or indirectly, which contain false or misleading information and/or do not truthfully identify the originating source or IP address;
2.12 “Fraud Traffic” means Deposits or traffic generated on Pearl Gaming Sites through illegal means or in violation of this Agreement, such as, but not limited to, Spam, false advertising and unauthorized use of Pearl Gaming and third party copyrights and trademarks.
3. Revenue Structure
3.1 The Affiliate can choose to be paid both on Revenue Sharing and on CPA Commission.
3.2 Unless otherwise agreed between Pearl Gaming and the Affiliate, Revenue Sharing is equivalent to a percentage of the Casino Net Revenue agreed between Pearl Gaming and the affiliate, during the period of one calendar month for the activities of all Players sent by the Affiliate under this commission structure. No commission will be paid under the Revenue Sharing commission structure for Abusive Players.
3.3 Unless otherwise agreed between Pearl Gaming and the Affiliate, the CPA Commission will be based on the rates agreed between Pearl Gaming and the affiliate per calendar month:
4. Payments
4.1 No commission will be paid under the CPA Commission structure for Duplicate Players and Abusive Players.
4.2 No commission will be paid for non-compliance with this Agreement.
4.3 No commission will be paid to an Affiliate for its own activities on Pearl Gaming Sites.
4.4 All commissions will be paid solely on the basis of Pearl Gaming’s system data.
4.5 Commissions reaching a minimum amount of USD 200 will be paid on or before the 25th day of the following calendar month. All other sums will be carried over to the next calendar month.
4.6 Pearl Gaming shall be entitled to retain or defer payment of any sums due to the Affiliate on account of any dispute, counter claim or set off which it may allege against the Affiliate.
5. The rights and obligations of Pearl Gaming
5.1 Pearl Gaming Site will register the Players and track their activities on the Pearl Gaming Sites.
5.2 Pearl Gaming will provide the Affiliate with a remote online access to consult the revenue generated by the Players referred by the Affiliate.
5.3 Pearl Gaming reserves the right not to accept traffic directed to the Pearl Gaming Sites from internet message boards or forums.
6. The rights and obligations of the Affiliate
6.1 The Affiliate shall create a unique link from its website(s) to a Pearl Gaming Site. This link consists of a banner provided by Pearl Gaming. The Affiliate shall only use Pearl Gaming approved banners and shall not alter their appearances.
6.2 The Affiliate shall ensure that all material posted on its website(s) are not libellous nor constitute illegal material.
6.3 It is prohibited for an Affiliate to reward Players for opening accounts on the Pearl Gaming Sites.
6.4 The Affiliate’s officers, employees, agents or subcontractors as well as their families and friends are prohibited from opening accounts in order to fraudulently increase their commission revenue.
6.5 The Affiliate shall not make or accept any offers, statements or representations on behalf of Pearl Gaming.
7. Copyrights and Trademarks
7.1 A non-exclusive and non-transferable license to use the Pearl Gaming banners, its content, its software and any other Pearl Gaming copyright material is granted solely in connection with this Agreement.
7.2 The appearance and syntax of the hypertext transfer links are designed by Pearl Gaming and constitute the only authorized and permitted representation of Pearl Gaming Sites.
8. Suspension or Termination
8.1 Pearl Gaming shall be entitled to immediately and without liability either suspend or terminate this Agreement in the event of a failure by the Affiliate to comply with any of its obligations hereunder;
8.2 For any violation of the present Terms and Conditions, Pearl Gaming may, at its sole discretion, refuse Players, close Players Accounts, and terminate this Agreement with an Affiliate.
Either Party may terminate this Agreement by written notice to the other by certified mail.
8.3 Upon termination, all rights and licenses granted to the Affiliate shall immediately be terminated. Therefore, the Affiliate shall remove all Pearl Gaming Banners, its content, its software and any other Pearl Gaming copyright material and disable the link to Pearl Gaming Sites from their website(s).
8.4 Pearl Gaming may permit the Players referred by the Affiliate whose Agreement with Pearl Gaming was terminated to continue their activities on Pearl Gaming Sites. This permission shall not constitute a continuation or renewal of this Agreement.
9. Liability and Indemnification
9.1 Pearl Gaming shall not be liable for any delayed, partial or total non-performance of the services directly or indirectly from any event outside Pearl Gaming’s control, including failure by the Affiliate to comply with any of its obligations hereunder.
9.2 The liability of Pearl Gaming in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to the commission revenue paid or payable to the Affiliate under this Agreement or $ 5,000 USD (or its equivalent in local currency), whichever is the lesser.
9.3 Pearl Gaming shall have no liability for any indirect or consequential loss (including loss of profits).
9.4 In the event of any claim, the Affiliate must give written notice to Pearl Gaming within 30 days of discovery of the facts alleged to justify such claim and, in any case, Pearl Gaming shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from the incident, action or service which gives rise to the claim.
9.5 The Affiliate shall guarantee, hold harmless and indemnify Pearl Gaming and its officers, employees, agents or subcontractors against all claims by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever relating to the performance, purported performance or non-performance, of any obligations set out in this Agreement.
9.6 No failure or delay by Pearl Gaming in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or future exercise of any right, power or privilege.
10. Miscellaneous
10.1 If any one or more provisions of these Terms and Conditions are found to be illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10.2 Pearl Gaming may modify this Agreement at any time. The new Agreement will come into force 30 days after the notification of such modification by e-mail to the Affiliates. On reception of the notification, the Affiliates may terminate the Agreement. Failure to do so will constitute binding acceptance of the new Agreement.
11. Applicable Law
All disputes arising out of or in connection with this Agreement shall be governed by the substantive laws of Belize and shall be subject to the exclusive jurisdiction of the courts of Belize.
